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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Mansoor Ali – Appellant
Versus
State of HP – Respondent
| Table of Content |
|---|
| 1. petitioner arrested with 12.5g heroin under ndps. (Para 1 , 2 , 3) |
| 2. parties argue speedy trial and prior bail dismissal. (Para 4 , 5 , 6) |
| 3. successive bail requires substantial change in circumstances. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. intermediate quantity; prolonged pretrial detention unjustified. (Para 14 , 15) |
| 5. speedy trial fundamental right; delay justifies bail. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 6. trial delay violates article 21 speedy trial right. (Para 26) |
| 7. antecedents irrelevant for long incarceration bail. (Para 27) |
| 8. bail granted subject to conditions and limitations. (Para 28 , 29 , 30 , 31) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 10 of 2025, dated 18.1.2025, registered at Police Station, Puruwala, District Sirmour, H.P., for the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
2. It has been asserted that, as per the prosecution's story, the police apprehended the petitioner when they were on patrolling duty on 18.1.2025 based on secret information and recovered 12.5 grams of heroin. The p
Successive NDPS bail granted despite prior dismissal due to over one-year pre-trial detention violating speedy trial right under Article 21, intermediate quantity, and despite antecedents.
Prolonged incarceration and trial delay in NDPS case with intermediate quantity constitute change in circumstances for successive bail, enforcing speedy trial right under Article 21 despite prior rej....
Successive bail in NDPS intermediate quantity case granted due to Article 21 speedy trial violation from long incarceration and trial delay, despite prior rejection and antecedents.
In NDPS cases with intermediate contraband quantity, over one-year incarceration and trial delay violate Article 21 speedy trial right, entitling bail despite antecedents as State cannot oppose on cr....
Successive NDPS bail applications allowed on change in circumstances like trial delay infringing speedy trial right under Article 21, overriding offence seriousness and antecedents for grant of bail.
An individual's right to a speedy trial under Article 21 mandates consideration for bail, emphasizing the need to avoid prolonged detention without trial.
Prolonged trial delay in NDPS intermediate quantity case violates speedy trial right under Article 21, constituting change in circumstances for successive bail despite prior rejections and antecedent....
Prolonged trial delay after two years, with minimal witness examination, constitutes change in circumstances for successive bail in NDPS case, violating Article 21 speedy trial right and warranting r....
In NDPS case, regular bail granted due to one-year pre-trial custody and trial delay violating Article 21 speedy trial right, despite antecedents; proportionality applied to quantity, State cannot op....
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